2021 Second Circuit US Court of Appeals Case Law
Date: December 30, 2021
Docket Number: 17-1569
Justia Opinion Summary: This case stemmed from a multidistrict litigation alleging that some of the world's largest banks and affiliated entities conspired to suppress the London Interbank Offered Rate (LIBOR). Plaintiffs appeal the district…
Date: December 29, 2021
Docket Number: 20-1502
Justia Opinion Summary: The Second Circuit affirmed the district court's dismissal of petitioner's second or successive petition for writ of habeas corpus under 28 U.S.C. 2255. The court concluded that the Antiterrorism and Effective Death…
Date: December 28, 2021
Docket Number: 20-1476
Justia Opinion Summary: The Second Circuit affirmed the district court's denial of Global's request for a declaratory judgment that the policy limits of the reinsurance certificates capped Global's reinsurance obligations with respect to both…
Date: December 28, 2021
Docket Number: 20-4293
Justia Opinion Summary: After a shopper tripped over a metal rod at a military commissary store and sustained injuries, she filed suit against the government under the Federal Tort Claims Act (FTCA) for the store's negligence. The district…
Date: December 27, 2021
Docket Number: 21-80
Justia Opinion Summary: Plaintiff, which owns and operates a fine arts gallery and dealership in New York City, sought coverage under three provisions of an insurance policy issued by Sentinel for losses and extra expenses incurred when it…
Date: December 27, 2021
Docket Number: 21-982
Justia Opinion Summary: Civil Practice Law and Rules section 205(a), New York's "Saving Statute," does not permit a litigant to file an otherwise untimely "new action" within six months of a prior action, where that "prior action" was, itself,…
Date: December 22, 2021
Docket Number: 20-0268
Justia Opinion Summary: The Second Circuit affirmed the district court's judgment holding that an insurance company was not obligated under an insurance policy to defend the insureds in underlying copyright infringement suits. At issue is…
Date: December 22, 2021
Docket Number: 21-13
Justia Opinion Summary: When a district court denies a defendant's motion under 18 U.S.C. 3582(c)(1)(A) in sole reliance on the applicable 18 U.S.C. 3553(a) factors, it need not also determine whether the defendant has shown extraordinary and…
Date: December 17, 2021
Docket Number: 19-3001
Justia Opinion Summary: Petitioner sought review of the BIA's decisions affirming the IJ's decision to allow petitioner to withdraw his application for admission to the United States, denying his motion to reopen, and affirming the IJ's finding…
Date: December 17, 2021
Docket Number: 20-1517
Justia Opinion Summary: The Second Circuit vacated the district court's grant of Hain's motion to dismiss a class action alleging securities fraud for failure to state a claim. Plaintiffs alleged that Hain violated Section 10(b) and section…
Date: December 16, 2021
Docket Number: 19-1649
Justia Opinion Summary: The Second Circuit affirmed the district court's dismissal of plaintiff's claims for damages for violation of section 18(2)(e) of the New York Public Health Law, which provides that health care providers may impose only…
Date: December 14, 2021
Docket Number: 17-1836
Justia Opinion Summary: Defendant appealed his 42 year sentence imposed after his conviction by a jury of conspiracy to violate the Racketeer Influenced and Corrupt Organizations Act (RICO), conspiracy to distribute narcotics, and murder…
Date: December 3, 2021
Docket Number: 20-1075
Justia Opinion Summary: The Second Circuit denied a petition for review challenging an FCC order removing the Solicited Fax Rule from the Code of Federal Regulations. The order was issued in response to the D.C. Circuit's decision holding that…
Date: November 30, 2021
Docket Number: 20-1807
Justia Opinion Summary: In this Employee Retirement Security Act (ERISA) dispute, the Employer Trustees filed suit alleging that the Union Trustees breached their fiduciary duties under ERISA when they passed, by simple majority, two amendments…
Date: November 29, 2021
Docket Number: 20-422
Justia Opinion Summary: The EPA appeals the district court's order requiring EPA to disclose twenty-eight records pursuant to a Freedom of Information Act (FOIA) request submitted by the NRDC. At issue is whether records reflecting an agency's…
Date: November 28, 2021
Docket Numbers: 21-2678, 21-2711
Justia Opinion Summary: Teachers and school administrators challenge the denial of motions to preliminarily enjoin the enforcement of an order issued by the New York City Commissioner of Health and Mental Hygiene mandating that individuals who…
Date: November 24, 2021
Docket Number: 19-1911
Justia Opinion Summary: The Second Circuit denied a petition for review of the BIA's decision denying petitioner's motion to reopen proceedings. The court explained that recent Supreme Court jurisprudence has established that Notices to Appear…
Date: November 24, 2021
Docket Number: 20-3074
Justia Opinion Summary: The Second Circuit vacated the district court's dismissal of a putative class action on behalf of investors who traded Qihoo 360 Technology securities between December 18, 2015, and July 15, 2016. The investors alleged…
Date: November 22, 2021
Docket Number: 20-1766
Justia Opinion Summary: Plaintiffs, commercial merchants seeking monetary and injunctive relief under both federal and California antitrust laws against American Express, filed suit alleging that American Express's anti-steering rules caused…
Date: November 19, 2021
Docket Number: 17-3514
Justia Opinion Summary: The Second Circuit affirmed in part and reversed in part in an action where defendants were convicted of charges related to defendants' personal use of grant money that the UN awarded to their non-profit organization.…
Date: November 19, 2021
Docket Number: 20-2756
Justia Opinion Summary: Plaintiff filed suit on behalf of the United States under the False Claims Act (FCA) against AECOM, alleging that AECOM submitted fraudulent claims for payment to the government. Specifically, plaintiff alleges that…
Date: November 17, 2021
Docket Number: 19-1774
Justia Opinion Summary: The Second Circuit vacated the district court's denial of the Bank's motion for judgment on the pleadings. In this case, the district court concluded that plaintiffs have Article III standing to sue the Bank for…
Date: November 17, 2021
Docket Number: 19-4208
Justia Opinion Summary: The Second Circuit affirmed defendants' convictions and sentences for conspiring to manufacture, distribute, or possess a controlled substance on a vessel. The court concluded that the district court did not procedurally…
Date: November 17, 2021
Docket Number: 19-4281
Justia Opinion Summary: The Second Circuit affirmed the district court's judgment entered pursuant to a jury verdict and a retrial on damages, awarding $90,000 in compensatory damages and $355,000 in punitive damages to plaintiff on his…
Date: November 16, 2021
Docket Number: 20-3698
Justia Opinion Summary: The Second Circuit affirmed the district court's denial of defendant's motion for compassionate release under 18 U.S.C. 3582(c)(1)(A). The court explained that, although section 3582(c)(1)(A) permits a district court to…
Date: November 15, 2021
Docket Number: 21-632
Justia Opinion Summary: The Second Circuit affirmed the district court's dismissal of plaintiffs' Second Amended Complaint (SAC) based on lack of subject matter jurisdiction. The SAC sought review of the USCIS's revocation of Plaintiff…
Date: November 9, 2021
Docket Number: 19-4167
Justia Opinion Summary: Shortly after midnight, Suffolk County police officers went to Torcivia’s home in response to what was described as a violent domestic incident, after Torcivia’s daughter called an emergency child protection hotline. The…
Date: November 5, 2021
Docket Number: 19-3207
Justia Opinion Summary: Defendants Levy and Nordlicht were convicted of securities fraud, in violation of 15 U.S.C. 78j(b) and 78ff; conspiracy to commit securities fraud, in violation of 18 U.S.C. 371; and conspiracy to commit wire fraud, in…
Date: November 4, 2021
Docket Number: 19-2432
Justia Opinion Summary: Defendant appealed his conviction following a guilty plea to a narcotics conspiracy charge, alleging that the district court misstated the applicable mandatory minimum term of supervised release in violation of Rule 11…
Date: November 4, 2021
Docket Number: 21-2179
Justia Opinion Summary: New York’s “Prevention of COVID-19 transmission” Rule, issued in August 2021, directs hospitals, nursing homes, hospices, adult care facilities, and other healthcare entities to “continuously require” certain employees…
Date: November 2, 2021
Docket Number: 20-2337
Justia Opinion Summary: The Second Circuit affirmed the district court's dismissal of plaintiff's 42 U.S.C. 1983 claims against the judges, prosecutors, public defenders, and probation officers who were involved in his criminal case and…
Date: October 29, 2021
Docket Number: 20-3785
Justia Opinion Summary: The Second Circuit affirmed the district court's dismissal of plaintiff's First Amendment retaliation claim, procedural due process claim, and equal protection claim against the DOE and UFT for failure to state a claim…
Date: October 28, 2021
Docket Number: 20-4238
Justia Opinion Summary: In May 2020, at the height of the pandemic, New York City amended its Residential and Non-Residential Harassment Laws, to prohibit “threatening” tenants based on their “status as a person or business impacted by…
Date: October 26, 2021
Docket Number: 19-4316
Justia Opinion Summary: The Second Circuit dismissed defendant's appeal challenging his new sentence, holding that the Government can invoke the appeal waiver despite having earlier consented to defendant's habeas petition. In this case,…
Date: October 26, 2021
Docket Number: 19-438
Justia Opinion Summary: Plaintiff filed suit under the Fair Labor Standards Act (FLSA) and the New York Labor Law, alleging that she was entitled to unpaid overtime wages, liquidated damages, and attorneys' fees. The Second Circuit certified to…
Date: October 22, 2021
Docket Number: 20-3499
Justia Opinion Summary: Halkbank, a commercial bank that is majority-owned by the Government of Turkey, was charged with crimes related to its participation in a multi-year scheme to launder billions of dollars' worth of Iranian oil and natural…
Date: October 18, 2021
Docket Number: 20-18
Justia Opinion Summary: The Second Circuit affirmed the district court's denial of plaintiffs' motion for a preliminary injunction directing defendant officials of the DOCCS to rescind changes in the scheduling of certain regularly-held Quaker…
Date: October 15, 2021
Docket Number: 18-1036
Justia Opinion Summary: The Second Circuit denied petitions for review of the BIA's decisions affirming the IJ's order of removal and denial of Petitioner Graham's motion to reopen. The court concluded that petitioners' narcotics convictions…
Date: October 14, 2021
Docket Number: 18-2626
Justia Opinion Summary: Plaintiffs, Falun Gong practitioners, filed suit claiming that defendants harassed them in violation of the Freedom of Access to Clinic Entrances Act of 1994 (FACEA). On interlocutory appeal, the Second Circuit concluded…
Date: October 6, 2021
Docket Number: 20-3170
Justia Opinion Summary: In 1974, when Sarkees was 19, he worked for Goodyear for seven months. Sarkees believed he was exposed to the chemical ortho-toluidine (OT). He took chemical samples and unloaded railroad tank cars, the majority of which…
Date: October 6, 2021
Docket Number: 20-4211
Justia Opinion Summary: Specht, employed as a New York City fire marshal, alleged that after he refused to file a false report concerning the circumstances of a fire he was investigating and publicly discussed misconduct on the part of his…
Date: October 5, 2021
Docket Number: 19-3962
Justia Opinion Summary: The Plaintiff States filed suit alleging that the $10,000 cap on the federal income tax deduction for money paid in state and local taxes (SALT), enacted as part of the 2017 Tax Cuts and Jobs Act, violates the United…
Date: September 30, 2021
Docket Number: 18-3123
Justia Opinion Summary: The Second Circuit held that, for Copyright Act purposes, the screenwriter Victor Miller was an independent contractor of the film production company Manny, Inc., in 1979, when Miller wrote the screenplay for the…
Date: September 30, 2021
Docket Number: 20-1955
Justia Opinion Summary: Datalink and its president appealed the district court's grant of summary judgment in favor of the Government on its claim to collect back wages on behalf of a native of Iceland and former Datalink employee. The back…
Date: September 30, 2021
Docket Number: 20-742
Justia Opinion Summary: The Second Circuit reversed the district court's denial of plaintiff's motion to remand to state court and grant of defendants' motion to dismiss the complaint under Federal Rule of Civil Procedure 12(b)(6). The court…
Date: September 30, 2021
Docket Number: 21-211
Justia Opinion Summary: The Second Circuit held that a report evaluating the Indian Health Service's management and administration is not a "medical quality assurance record" under 25 U.S.C. 1675, and thus not exempt from disclosure under the…
Date: September 29, 2021
Docket Number: 19-677
Justia Opinion Summary: Plaintiffs filed suit under the Employee Retirement Income Security Act (ERISA) against a defunct photo‐finishing company and its former CEO, alleging various violations and breaches of fiduciary duties with respect to a…
Date: September 29, 2021
Docket Number: 21-1493
Justia Opinion Summary: Landlords challenged Part A of New York’s residential eviction moratorium statute, the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (CEEFPA), and attempted to challenge the new residential eviction…
Date: September 27, 2021
Docket Number: 19-4197
Justia Opinion Summary: The Second Circuit affirmed the district court's order denying defendant's motion pursuant to Federal Rule of Civil Procedure 60(b)(4) for relief from judgment. In 2003, the SEC brought a civil enforcement action against…
Date: September 24, 2021
Docket Number: 20-1196
Justia Opinion Summary: Plaintiff filed suit against his former employer, CSX, for unlawful retaliation under the Federal Railroad Safety Act (FRSA), alleging that he was terminated because he engaged in protected activity by "reporting, in…
Date: September 20, 2021
Docket Number: 18-3617
Justia Opinion Summary: The Second Circuit affirmed defendants' convictions for multiple drug- and gun-related counts, concluding that the evidence was sufficient to support their convictions. The court rejected defendants' claims of…
Date: September 17, 2021
Docket Number: 18-2784
Justia Opinion Summary: The Second Circuit granted the Board's petition for enforcement of its decision and order requiring the Companies to reinstate a former employee and to comply with their collective bargaining obligations with the Union.…
Date: September 17, 2021
Docket Number: 20-2746
Justia Opinion Summary: IWA filed a putative securities fraud class action against Textron, a manufacturer of aircraft and recreational vehicles, and two of its executives, alleging violations of sections 10(b) and 20(a) of the Securities…
Date: September 16, 2021
Docket Number: 19-2084
Justia Opinion Summary: Plaintiff filed suit alleging claims against two dentists, two unidentified Department of Corrections officials, and several municipal defendants for medical malpractice under state law and violations of his Eighth and…
Date: September 14, 2021
Docket Number: 20-3369
Justia Opinion Summary: Hamilton filed suit against Vortic and its founder for selling wristwatches that featured restored antique pocket watch parts with Hamilton's trademark. The district court entered judgment in favor of defendants, finding…
Date: September 13, 2021
Docket Number: 19-3304
Justia Opinion Summary: Plaintiffs filed suit for fraud, rescission, conspiracy, aiding and abetting, fraudulent conveyance, and unjust enrichment alleging that defendants had misrepresented that collateral managers would exercise independence…
Date: September 10, 2021
Docket Number: 20-3426
Justia Opinion Summary: The Second Circuit affirmed the district court's dismissal of plaintiff's claims as time-barred under the two year statute of limitations set forth in the Convention for the Unification of Certain Rules for International…
Date: September 9, 2021
Docket Number: 18-1018
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction and sentence for knowingly and intentionally possessing with intent to distribute controlled substances in violation of 21 U.S.C. 841(a)(1). The court held that the…
Date: September 9, 2021
Docket Number: 20-111
Justia Opinion Summary: Plaintiffs filed a class action on behalf of Connecticut-based franchisees, in which they allege that their franchise agreement misclassifies franchisees as independent contractors rather than employees. Plaintiffs claim…
Date: September 8, 2021
Docket Number: 18-2990
Justia Opinion Summary: Percoco, a longtime friend and top aide to former Governor Andrew Cuomo, accepted payment in exchange for promising to use his position to perform official actions. For one scheme, Percoco promised to further the…
Date: September 8, 2021
Docket Number: 18-3710
Justia Opinion Summary: In 2012, then-Governor Cuomo launched the "Buffalo Billion” initiative to develop the greater Buffalo area through the investment of $1 billion in taxpayer funds. A big-rigging scheme ensued with respect to state-funded…
Date: September 8, 2021
Docket Number: 19-3363
Justia Opinion Summary: Cabrera engaged in four drug transactions with his barber. Cabrera’s sole defense was entrapment. Cabrera and his barber gave opposite accounts of who first proposed partnering in the drug trade. The barber was…
Date: September 7, 2021
Docket Number: 18-3363
Justia Opinion Summary: In 2006, petitioner was convicted under New York's child endangerment statute, N.Y. Penal Law 260.10(1). In 2017, the United States initiated removal proceedings against him, citing as a ground of removal defendant's…
Date: September 7, 2021
Docket Number: 19-1076
Justia Opinion Summary: Property owners in the Town of East Hampton appeal from two separate decisions of the district court concerning their claims that the jetties abutting Lake Montauk Harbor have caused significant erosion on their…
Date: September 1, 2021
Docket Number: 19-1042
Justia Opinion Summary: The Second Circuit denied petitions for review of the EPA's final rule restricting access by consumers to methylene chloride, a dangerous chemical used in paint removal products. Petitioners contend that the Toxic…
Date: September 1, 2021
Docket Number: 19-208
Justia Opinion Summary: Defendant pleaded guilty to conspiracy to commit securities fraud in violation of 18 U.S.C. 371. Defendant, as a broker-dealer in the over-the-counter securities market, executed fraudulent trades for a co-defendant…
Date: August 31, 2021
Docket Number: 18-2651
Justia Opinion Summary: Defendant appealed his conviction and sentence on four counts of using a firearm in furtherance of a crime of violence, in violation of 18 U.S.C. 924(c)(1)(A) and 2. After the Second Circuit vacated defendant's original…
Date: August 30, 2021
Docket Number: 20-1333
Justia Opinion Summary: Picard was appointed as the trustee for the liquidation of Bernard L. Madoff Investment Securities LLC (BLMIS) pursuant to the Securities Investor Protection Act, 15 U.S.C. 78aaa, to recover funds for victims of Bernard…
Date: August 30, 2021
Docket Number: 20-2201
Justia Opinion Summary: Plaintiff appeals the district court's judgment challenging the dismissal of his claims under 42 U.S.C. 1983 for false arrest, malicious prosecution, and the denial of the right to a fair trial against Defendants New…
Date: August 30, 2021
Docket Number: 20-602
Justia Opinion Summary: In 2013, Nike and its subsidiary, Converse, brought a trademark infringement action under the Lanham Act against hundreds of participants in Chinese counterfeiting networks. The district court entered five prejudgment…
Date: August 27, 2021
Docket Number: 20-3413
Justia Opinion Summary: Plaintiff filed suit in the New York Supreme Court pursuant to New York Civil Practice Law and Rule 7515 (C.P.L.R. 7515), challenging arbitration of her sexual harassment, hostile work environment, and retaliation claims…
Date: August 26, 2021
Docket Number: 18-2454
Justia Opinion Summary: The Second Circuit affirmed the district court's denial of plaintiff's motion for a preliminary injunction against defendants for alleged violations of the federal Freedom of Access to Clinic Entrances Act (FACE), the…
Date: August 26, 2021
Docket Number: 18-3667
Justia Opinion Summary: Shareholders of Goldman filed a class action alleging that Goldman and several of its executives committed securities fraud by misrepresenting Goldman's freedom from, or ability to combat, conflicts of interest in its…
Date: August 26, 2021
Docket Numbers: 19-2418, 19-2443
Justia Opinion Summary: Plaintiffs Horn and Jackson filed civil rights actions against the City of New Haven and law enforcement officials under 42 U.S.C. 1983. Plaintiffs each served more than 17 years in prison for a robbery and murder that…
Date: August 26, 2021
Docket Number: 19-4191
Justia Opinion Summary: Petitioners appeal the district court's order denying their petition to set aside an arbitral award issued by an ad hoc arbitral tribunal constituted under a bilateral investment treaty between Mongolia and the People's…
Date: August 25, 2021
Docket Number: 19-4092
Justia Opinion Summary: Plaintiff filed a pro se medical malpractice action under the Federal Tort Claims Act, alleging that he suffered dental injuries during several appointments while incarcerated by the Bureau of Prisons (BOP) at Federal…
Date: August 25, 2021
Docket Number: 19-704
Justia Opinion Summary: The Second Circuit denied a petition for review of the BIA's decision affirming the IJ's denial of petitioner's application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT).…
Date: August 25, 2021
Docket Number: 20-1508
Justia Opinion Summary: FASORP brought suit against the NYU Defendants, seeking declaratory and injunctive relief pursuant to Title VI of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972. In an Amended Complaint,…
Date: August 25, 2021
Docket Number: 20-1994
Justia Opinion Summary: Defendants in these tandem cases (collectively, "Takeda") are a brand pharmaceutical manufacturer and related entities that began producing and marketing the Type-2 diabetes drug ACTOS in 1999. Purchasers of ACTOS filed…
Date: August 25, 2021
Docket Number: 20-3231
Justia Opinion Summary: Three pension funds filed a putative securities class action on behalf of themselves and all others who purchased Danske Bank American Depositary Receipts (ADRs), alleging that Danske Bank and several of its corporate…
Date: August 24, 2021
Docket Number: 19-2420
Date: August 23, 2021
Docket Number: 20-1433
Justia Opinion Summary: The Second Circuit vacated the district court's grant of summary judgment in favor of defendants in an action brought by a certified class of individuals with disabilities, together with six disability-rights…
Date: August 20, 2021
Docket Number: 19-3049
Justia Opinion Summary: The bankruptcy litigation trustee appeals the district court's orders dismissing claims arising out of the leveraged buyout of the Tribune Company in 2007 and its bankruptcy filing in 2008. The trustee contends that the…
Date: August 20, 2021
Docket Numbers: 20-1099, 20-1331
Justia Opinion Summary: In tandem appeals, Plaintiffs Smalls and Daniel filed suit under 42 U.S.C. 1983 alleging that defendants deprived them of their rights to a fair trial by fabricating evidence against them. Daniel also asserted other…
Date: August 19, 2021
Docket Number: 18-2257
Justia Opinion Summary: The Second Circuit denied a petition challenging the denial of petitioner's application for asylum, withholding of removal, and relief under the Convention Against Torture following a determination by an IJ that he was…
Date: August 18, 2021
Docket Number: 19-2881
Justia Opinion Summary: Defendant pleaded guilty to one count of conspiracy to provide material support to a foreign terrorist organization—the Islamic State of Iraq and Syria (ISIS) (also referred to as the Islamic Sate of Iraq and the Levant…
Date: August 18, 2021
Docket Number: 20-1931
Justia Opinion Summary: Racer, which was created and funded to clean up polluted locations connected to the former General Motors Corporation during that company's bankruptcy, appealed the district court's dismissal of their federal claims for…
Date: August 18, 2021
Docket Number: 20-1998
Justia Opinion Summary: An organization that is not directly regulated or affected by a challenged law or regulation cannot establish injury-in-fact for purposes of organizational standing absent a showing that it suffered an involuntary and…
Date: August 16, 2021
Docket Number: 18-1697
Justia Opinion Summary: The en banc court concluded that, based on the facts of this case, the officer's pat-down search of a suspect for weapons was reasonable under the Fourth Amendment. The en banc court wrote to confirm several fundamental,…
Date: August 16, 2021
Docket Number: 18-2707
Justia Opinion Summary: Plaintiffs, participants of retirement plans administered by NYU and NYU School of Medicine, filed suit against NYU in its capacity as the fiduciary of plaintiffs' retirement plans, alleging breaches of NYU's fiduciary…
Date: August 13, 2021
Docket Number: 20-4012
Justia Opinion Summary: The Second Circuit held that the district court did not err in dismissing the Fund's amended complaint under Federal Rule of Civil Procedure 12(b)(6) with prejudice where the Fund failed to plausibly state a claim for…
Date: August 12, 2021
Docket Number: 20-1163
Justia Opinion Summary: The Second Circuit granted a petition for review challenging the Board's dismissal of the union's unfair labor practice charges against ADT, alleging that ADT violated Sections 8(a)(5) and (1) of the National Labor…
Date: August 12, 2021
Docket Number: 20-1281
Justia Opinion Summary: The Second Circuit affirmed the district court's judgment sustaining the final determination of Hartford Life with respect to plaintiff's disability benefits under the terms of the long term disability plan. The court…
Date: August 11, 2021
Docket Number: 20-1998
Justia Opinion Summary: An organization that is not directly regulated or affected by a challenged law or regulation cannot establish injury-in-fact for purposes of organizational standing absent a showing that it suffered an involuntary and…
Date: August 10, 2021
Docket Number: 13-4791
Justia Opinion Summary: Plaintiffs, American purchasers of bulk Vitamin C, filed a class action alleging that four Chinese exporters of Vitamin C conspired to inflate prices and restrict supply in violation of the Sherman Act and the Clayton…
Date: August 9, 2021
Docket Number: 20-608
Justia Opinion Summary: Plaintiffs, the estates of crew members and pilots of a civilian flight that crashed into a mountain near Kabul Afghanistan International Airport, filed suit alleging state-law wrongful death claims against Midwest, the…
Date: August 6, 2021
Docket Number: 18-1120
Justia Opinion Summary: The New York Court of Appeals answered two certified questions, holding that (1) New York recognizes cross-jurisdictional class action tolling; and (2) "tolling ends—as a matter of law—when there is a clear dismissal of…
Date: August 6, 2021
Docket Number: 20-3643
Justia Opinion Summary: Plaintiffs, who were prescribed a metered-dose inhaler manufactured by defendant and approved by the FDA to alleviate symptoms of chronic obstructive pulmonary disease, filed suit alleging violations of state law…
Date: August 5, 2021
Docket Number: 19-1698
Justia Opinion Summary: Defendant is a French banker who is charged with transmitting false, misleading, and knowingly inaccurate commodities reports, and with conspiracy to do the same, in violation of the Commodity Exchange Act (CEA). On…
Date: August 5, 2021
Docket Number: 19-86
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction of bank fraud, making false statements in support of a passport application, and aggravated identity theft. Defendant argues that the district court erred by failing to…
Date: August 5, 2021
Docket Number: 20-1804
Justia Opinion Summary: The Second Circuit vacated the district court's grant of summary judgment to plaintiff in a quiet title action regarding a property subject to a mortgage held by the bank. The district court, relying on a statement in…
Date: August 4, 2021
Docket Number: 19-3620
Justia Opinion Summary: The Second Circuit vacated the district court's order denying defendant's motion for a reduced sentence pursuant to Section 404 of the First Step Act of 2018. The court held that defendant's multi-object conspiracy…
Date: August 4, 2021
Docket Number: 20-1563
Justia Opinion Summary: The Second Circuit vacated the district court's denial of defendant's motion for compassionate release, holding that 18 U.S.C. 3582(c)(1)(A)'s exhaustion requirement is not jurisdictional. The court clarified that the…
Date: August 3, 2021
Docket Number: 19-3833
Justia Opinion Summary: Defendant, a member of a gang known as MBG, was convicted after a jury trial of a racketeering conspiracy, committing a violent crime in aid of racketeering (VICAR) – namely, a shooting of rival gang members, and using a…
Date: August 2, 2021
Docket Number: 20-1
Justia Opinion Summary: The Second Circuit vacated and reversed the bankruptcy court's order imposing punitive sanctions in three chapter 13 cases. In this case, PHH sent monthly mortgage statements listing fees totaling $716 that had not been…
Date: July 30, 2021
Docket Number: 19-1279
Justia Opinion Summary: The Second Circuit vacated the district court's grant of summary judgment in favor of Defendants GDB, Stavis, and Kartagener, remanding for further proceedings. This appeal arose from breach of contract and…
Date: July 29, 2021
Docket Number: 18-2739
Justia Opinion Summary: Rosario pled guilty to three offenses stemming from his sexual exploitation of a minor. As part of Rosario’s sentence, the district court ordered Rosario to pay a $5,000 special assessment under the Justice for Victims…
Date: July 29, 2021
Docket Number: 19-1241
Justia Opinion Summary: Utica Insurance issued primary and umbrella coverage in 1973 and 1974 and subsequently paid asbestos losses incurred by the manufacturer (Goulds). Utica had ceded parts of its risk to the reinsurers, Munich and Century,…
Date: July 29, 2021
Docket Number: 19-620
Justia Opinion Summary: Perez was born in rural Mexico in 1989 and entered the U.S. without authorization at age 13. He has two children, who were born in the U.S., whom he visits and helps support financially. In July 2016, Perez was attending…
Date: July 29, 2021
Docket Number: 20-1463
Justia Opinion Summary: Bellin brought a putative class action under 42 U.S.C. 1983, alleging that managed long-term care plans (MLTCs) that contract with New York State violate Medicaid beneficiaries’ due process rights by denying them the…
Date: July 29, 2021
Docket Number: 20-2545
Justia Opinion Summary: McCray pleaded guilty to possession with intent to distribute and distribution of fentanyl, 21 U.S.C. 841(a)(1) and (b)(1)(C), and one of two counts of possession with intent to distribute and distribution of 10 grams…
Date: July 29, 2021
Docket Number: 20-575
Justia Opinion Summary: Plaintiffs and their family members were injured or killed in attacks carried out by Hamas, which the United States has designated as a foreign terrorist organization. They sued BLOM Bank for aiding and abetting Hamas’s…
Date: July 28, 2021
Docket Number: 17-2368
Justia Opinion Summary: The Second Circuit granted a petition for review of the BIA's order affirming the IJ's denial of petitioner's application for asylum, withholding of removal, and relief under the Convention Against Torture, based on…
Date: July 28, 2021
Docket Number: 20-1228
Justia Opinion Summary: Anonymous plaintiffs filed a putative class action against The Trump Corporation, Donald J. Trump, and various members of his family, asserting claims for racketeering in violation of 18 U.S.C. 1962(c), conspiracy to…
Date: July 28, 2021
Docket Number: 20-2078
Justia Opinion Summary: Connecticut Governor Ned Lamont and the state's Commissioner of the Department of Emergency Services and Public Protection James Rovella appeal from the district court's order granting a preliminary injunction ordering…
Date: July 28, 2021
Docket Number: 20-603
Justia Opinion Summary: Joseph Wilson, the sole owner and beneficiary of a foreign trust, filed his returns for tax year 2007 late, the IRS assessed a 35% penalty that applies to beneficiaries of foreign trusts, and Wilson paid the penalty.…
Date: July 27, 2021
Docket Number: 19-4292
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction and sentence for providing and conspiring to provide material support to Hizballah, in violation of 18 U.S.C. 2339B (Counts One and Two); receiving and conspiring to…
Date: July 27, 2021
Docket Number: 19-485
Justia Opinion Summary: Defendant appealed her conviction for assaulting a federal officer stemming from a violent altercation with a United States Border Patrol Agent. Defendant argued that the district court erred by providing a written…
Date: July 27, 2021
Docket Number: 20-1310
Justia Opinion Summary: The Nation and some of its officials filed suit against the Village of Union Springs and certain of its officials, seeking a declaratory judgment that the Indian Gaming Regulatory Act (IGRA) preempts the Village's…
Date: July 26, 2021
Docket Number: 20-1027
Justia Opinion Summary: After the County formally revoked plaintiff's pistol license and prohibited him from possessing any firearms following the dismissal of a Family Court matter and temporary order of protection that was dissolved, he filed…
Date: July 26, 2021
Docket Number: 20-1762
Justia Opinion Summary: In No. 20-1762, the Second Circuit denied the government's motion to dismiss defendant's appeal from the district court's denial of his motion under Federal Rule of Criminal Procedure to correct errors in his judgment of…
Date: July 23, 2021
Docket Number: 20-2304
Justia Opinion Summary: Plaintiff and his firm appeal from the district court's opinion and order sanctioning them for their conduct during their representation of a client in his copyright case against Bandshell Artist Management. The district…
Date: July 23, 2021
Docket Number: 20-2709
Justia Opinion Summary: After plaintiff was terminated by his former employer for violating company policies prohibiting sexual harassment in the workplace, he filed suit alleging that the stated basis for his termination was pretext and that…
Date: July 23, 2021
Docket Number: 20-2748
Justia Opinion Summary: Plaintiffs DDK Hotels, DDK Hospitality, and DDK Management filed suit against Defendants Williams-Sonoma and West Elm, asserting claims for breach of contract, breach of the implied covenant of good faith and fair…
Date: July 22, 2021
Docket Number: 20-1081
Justia Opinion Summary: In this SEC enforcement action, defendant appealed the district court's judgment entered after a jury found that he recommended an unsuitable trading strategy and made unauthorized trades in customer accounts. The…
Date: July 21, 2021
Docket Number: 20-616
Justia Opinion Summary: The Second Circuit vacated its previous opinion and filed an amended opinion in its place. Plaintiff and Church United filed suit against Vimeo, alleging that the company discriminated against them by deleting Church…
Date: July 20, 2021
Docket Number: 18-2996
Justia Opinion Summary: Plaintiff appealed the district court's grant of the government's motion to dismiss and, in the alternative, for summary judgment, on plaintiff's claims that the cadet separation procedures of the United States Military…
Date: July 20, 2021
Docket Number: 20-1156
Justia Opinion Summary: After plaintiff suffered post-operative injuries following implantation of artificial lenses during cataract surgery, she and her husband filed suit against Bausch & Lomb, the manufacturer of the lenses, as well as…
Date: July 19, 2021
Docket Number: 19-197
Justia Opinion Summary: The Second Circuit affirmed Defendants' Khalupsky and Korchevsky convictions for conspiracy to commit wire fraud, conspiracy to commit securities fraud and computer intrusions, securities fraud, and conspiracy to commit…
Date: July 16, 2021
Docket Number: 18-3617
Justia Opinion Summary: The Second Circuit affirmed defendants' convictions for multiple drug- and gun-related counts, concluding that the evidence was sufficient to support their convictions. The court rejected defendants' claims of…
Date: July 16, 2021
Docket Number: 19-590
Justia Opinion Summary: Defendant was convicted of marijuana conspiracy but acquitted of cocaine and cocaine base conspiracy and a related firearms charge. The jury was unable to reach a verdict as to the charge of conspiracy under the…
Date: July 15, 2021
Docket Number: 19-1645
Justia Opinion Summary: The Second Circuit affirmed defendant's convictions for multiple bribery charges and obstruction of justice. Defendant was a self-styled Brooklyn "liaison" to the NYPD, selling preferred outcomes to encounters with law…
Date: July 15, 2021
Docket Number: 20-1981
Justia Opinion Summary: After plaintiff filed for Chapter 7 bankruptcy, the discharge order was ambiguous as to whether plaintiff's private educational loans were discharged. The lender maintains that 11 U.S.C. 523(a)(8)(A)(ii) prevented the…
Date: July 15, 2021
Docket Number: 20-2653
Justia Opinion Summary: The Second Circuit affirmed the district court's July 8, 2020 Order granting an application for discovery assistance pursuant to 28 U.S.C. 1782 and the August 25, 2020 Order denying reconsideration of the same. The Fund,…
Date: July 15, 2021
Docket Number: 20-625
Justia Opinion Summary: The Second Circuit affirmed the district court's denial of defendant's motion to reduce his sentence under section 404 of the First Step Act. Defendant was sentenced to 360 months in prison based on his conviction on…
Date: July 14, 2021
Docket Number: 20-1776
Justia Opinion Summary: The Second Circuit granted counsel's motion to withdraw pursuant to Anders v. California, 386 U.S. 738 (1967), in defendant's appeal from the district court's final order denying his motion for compassionate release…
Date: July 13, 2021
Docket Number: 19-3920
Justia Opinion Summary: The Second Circuit affirmed the district court's judgment in favor of the government against defendants as co-executors of the estate of Harold Kahn, in the principal penalty amount of $4,264,728, plus statutory…
Date: July 13, 2021
Docket Number: 20-892
Justia Opinion Summary: The Second Circuit vacated the district court's order granting defendant's motion to suppress evidence found during a search of his house. Defendant was on parole at the time of the search where parole officers were…
Date: July 9, 2021
Docket Number: 18-67
Justia Opinion Summary: The Second Circuit denied a petition for review of the BIA's decision denying petitioner's application for statutory withholding of removal and protection under the Convention Against Torture (CAT). The court concluded…
Date: July 9, 2021
Docket Number: 19-1477
Justia Opinion Summary: The Second Circuit held that the discretionary concurrent sentence doctrine continues to apply when a defendant collaterally attacks one of his convictions, and exercised its discretion to decline review in this case.…
Date: July 8, 2021
Docket Number: 19-3370
Justia Opinion Summary: Plaintiff, an applicant for Social Security Income benefits, appeals the district court's judgment denying her motion for an extension of time to file an appeal pursuant to Federal Rule of Appellate Procedure 4(a)(5).…
Date: July 8, 2021
Docket Number: 20-2255
Justia Opinion Summary: The Second Circuit affirmed the district court's judgment, which (A) declared the Board to be in violation of the Individuals with Disabilities Education Act (IDEA) for denying a free appropriate public education (FAPE)…
Date: July 1, 2021
Docket Number: 20-27
Justia Opinion Summary: The Second Circuit granted a petition for review of the BIA's decision affirming the IJ's order of removal based on petitioner's failure to offer sufficient evidence that his criminal conviction—filed after the initial…
Date: June 30, 2021
Docket Number: 20-1058
Justia Opinion Summary: The Second Circuit joined the First, Fourth, and Seventh Circuits in holding that under the expanded definition of "disability" under the ADA Amendments Act, which now covers impairments "lasting or expected to last less…
Date: June 28, 2021
Docket Number: 19-1054
Justia Opinion Summary: Defendant was convicted of conspiring to participate in a racketeering enterprise, in violation of 18 U.S.C. 1962(d) (Count One); conspiring to distribute narcotics, in violation of 21 U.S.C. 841(b)(1)(A), 846 (Count…
Date: June 24, 2021
Docket Number: 18-2063
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction for one count of possessing a firearm after being convicted of a felony but remanded for resentencing. For the reasons stated in a summary order filed simultaneously…
Date: June 23, 2021
Docket Number: 20-1809
Justia Opinion Summary: Plaintiffs filed a putative class action challenging New York City's Third Party Transfer (TPT) Program, through which the City initiates in rem foreclosure proceedings against tax-delinquent properties and, following a…
Date: June 23, 2021
Docket Number: 20-2268
Justia Opinion Summary: The Second Circuit held that maritime complaints seeking exoneration from or limitation of liability pursuant to the Limitation of Liability Act must contain sufficient factual matter to satisfy the plausibility standard…
Date: June 22, 2021
Docket Number: 18-3294
Justia Opinion Summary: The Second Circuit affirmed Defendants Eldridge and Allen's convictions and sentences for offenses arising from their participation in a drug-dealing enterprise that operated in Buffalo, New York, from 2003 to 2005. The…
Date: June 22, 2021
Docket Number: 19-3550
Justia Opinion Summary: Gater sought to renew a default judgment, which the district court entered in 2000, that enforced a Russian arbitration award in favor of Lloyd's Underwriters against appellants. Lloyd's assigned its default judgment to…
Date: June 22, 2021
Docket Number: 20-1648
Justia Opinion Summary: Plaintiffs, five South Korean citizens who traded a derivative financial product called KOSPI 200 futures on an overnight market of the Korea Exchange (KRX), filed suit against Tower and its CEO, alleging that, in 2012,…
Date: June 22, 2021
Docket Number: 20-2174
Justia Opinion Summary: Plaintiff, a civilly confined person under Article 10 of the New York Mental Hygiene Law, filed claims under 42 U.S.C. 1983, challenging the constitutionality of aspects of his Article 10 proceedings. The district court…
Date: June 11, 2021
Docket Number: 18-3848
Justia Opinion Summary: The Second Circuit granted 1-800 Contacts' petitions for review of the FTC's final order finding that agreements between 1-800 Contacts and various competitors to, among other things, refrain from bidding on "keyword"…
Date: June 11, 2021
Docket Number: 20-1796
Justia Opinion Summary: The Second Circuit affirmed the district court's grant of a petition for habeas relief to petitioner, who was convicted by a jury in state court of first degree manslaughter. The court concluded that the admission of the…
Date: June 9, 2021
Docket Number: 19-3522
Justia Opinion Summary: Plaintiffs filed a second amended complaint (SAC), seeking (A) to hold the bank liable as a principal under the Antiterrorism Act of 1990 (ATA) for providing banking services to Hizbollah, a designated Foreign Terrorist…
Date: June 9, 2021
Docket Number: 19-3540
Justia Opinion Summary: Defendant appealed from so much of the district court's judgment that orders him, jointly and severally with his codefendants Orel, to pay plaintiffs, suppliers of perishable goods, a total of $606,664.87, including…
Date: June 9, 2021
Docket Number: 20-456
Justia Opinion Summary: Plaintiffs, four Black firefighters who suffer from a skin condition that causes pain and sometimes scarring when they shave their facial hair, filed suit alleging that the FDNY discriminated against them in violation of…
Date: June 8, 2021
Docket Number: 19-3457
Justia Opinion Summary: In 2017, Swiss law enforcement officers seized more than a thousand pieces of ancient art owned by the plaintiffs as part of an ongoing investigation into the illegal trafficking of cultural property. The plaintiffs sued…
Date: June 8, 2021
Docket Number: 20-946
Justia Opinion Summary: Soliman entered a California Subway sandwich shop. An employee showed her an in-store, hard-copy advertisement, on which Subway offered to send special offers if she texted a keyword. Soliman sent a text message to…
Date: June 7, 2021
Docket Number: 19-4111
Justia Opinion Summary: Petitioner sought review of the BIA's final order finding that petitioner was removable as a non-citizen convicted of two or more crimes involving moral turpitude based on its determination that New York petit larceny…
Date: June 4, 2021
Docket Number: 19-3623
Justia Opinion Summary: The Second Circuit followed the logical course charted by longstanding precedent to reach two conclusions with respect to 18 U.S.C. 666(a)(2): first, the "agent" of a federally funded organization need not have control…
Date: June 4, 2021
Docket Number: 20-1134
Justia Opinion Summary: In Avila v. Riexinger & Associates, LLC, 817 F.3d 72, 76 (2d Cir. 2016), the Second Circuit held that the Fair Debt Collection Practices Act, 15 U.S.C. 1692e, requires "debt collectors, when they notify consumers of…
Date: June 3, 2021
Docket Number: 19-4271
Justia Opinion Summary: The Superintendent of the New York State Department of Financial Services (DFS) filed suit against the Office of the Comptroller of the Currency and the U.S. Comptroller of the Currency (together, the "OCC"), challenging…
Date: June 2, 2021
Docket Number: 20-2264
Justia Opinion Summary: The Second Circuit vacated the district court's judgment and concluded that the Government's refusal to make a 18 U.S.C. 3553(e) motion based on its valuation of defendant's cooperation was not an unconstitutional act.…
Date: June 2, 2021
Docket Number: 21-87
Justia Opinion Summary: Petitioners filed suit seeking injunctive relief, alleging that the denials of their requests for tuition funding violated their rights to the free exercise of religion under the First Amendment. Under Vermont's Town…
Date: May 28, 2021
Docket Number: 18-3287
Justia Opinion Summary: The Second Circuit affirmed the district court's order adopting the Report and Recommendation of the magistrate judge and granting summary judgment in favor of CIT Bank N.A. in a foreclosure action against defendants. On…
Date: May 26, 2021
Docket Number: 20-1021
Justia Opinion Summary: The Second Circuit affirmed defendant's 20-year term of supervised release imposed after defendant pleaded guilty to child pornography charges. The court found no procedural error in the district court's failure to…
Date: May 25, 2021
Docket Number: 20-1020
Justia Opinion Summary: Defendant pleaded guilty to threatening a federal official and possession of a firearm by a felon. Defendant's charges stemmed from calls he made to the office of Congresswoman Ilhan Omar in which he made threatening…
Date: May 24, 2021
Docket Number: 20-1209
Justia Opinion Summary: Debtors appealed the bankruptcy court's order rejecting their constitutional challenge to quarterly fees imposed during the pendency of their bankruptcy proceeding. Congress passed in 2017 an amendment to the statute…
Date: May 20, 2021
Docket Number: 19-4138
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction of one count of attempted child enticement in violation of 18 U.S.C. 2422(b). The court rejected defendant's contention that the district court committed reversible…
Date: May 19, 2021
Docket Number: 19-4198
Justia Opinion Summary: Defendant appealed the district court's judgment granting in part and denying in part his motion for a sentence reduction pursuant to the First Step Act of 2018. The district court granted defendant's motion with respect…
Date: May 13, 2021
Docket Number: 20-589
Justia Opinion Summary: The Second Circuit affirmed the district court's grant of summary judgment in favor of Lands' End in a putative class action brought by Gorss Motels under the Telephone Consumer Protection Act (TCPA), seeking…
Date: May 12, 2021
Docket Number: 20-3078
Justia Opinion Summary: Plaintiff, a lieutenant with the Binghamton Police Department, filed suit against the City, the City's mayor, and two Department officials, alleging that he was racially harassed by members of the Department and…
Date: May 10, 2021
Docket Number: 19-1774
Justia Opinion Summary: The Second Circuit affirmed the district court's order denying the Bank's motion for judgment on the pleadings. The court held that state legislatures may create legally protected interests whose violation supports…
Date: May 7, 2021
Docket Number: 20-1180
Justia Opinion Summary: The Second Circuit affirmed the district court's denial of defendant's motion for a sentence reduction under Section 404(b) of the First Step Act. The court held that defendant is ineligible for a sentence reduction…
Date: May 6, 2021
Docket Number: 20-1318
Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983 alleging that officials at the Monroe County Jail denied him adequate medical care and subjected him to cruel and unusual punishment during his pretrial confinement. Plaintiff…
Date: April 30, 2021
Docket Number: 20-2021
Justia Opinion Summary: The Second Circuit reversed the district court's dismissal of a Federal Tort Claims Act (FTCA) suit brought by plaintiff after he sustained injuries as a result of being struck by a USPS truck. The court agreed with…
Date: April 28, 2021
Docket Number: 19-4136
Justia Opinion Summary: Plaintiff filed suit against the Board, asserting that the Board had violated Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act (ADA) by allegedly discriminating against her in…
Date: April 27, 2021
Docket Number: 19-3466
Justia Opinion Summary: Set Capital filed a class action against Credit Suisse, Individual Defendants, and Janus, principally alleging that, on February 5, 2018, defendants executed a complex fraud to collapse the market for VelocityShares…
Date: April 27, 2021
Docket Number: 19-3953
Justia Opinion Summary: Plaintiffs, a group of nursing homes that participate in both the Medicare and Medicaid programs, challenge the legality of DHS's Final Rule permitting survey teams conducting certain inspections of nursing homes not to…
Date: April 27, 2021
Docket Number: 20-798
Justia Opinion Summary: The Second Circuit affirmed the district court's dismissal of plaintiff's Fair Labor Standards Act (FLSA) action under Federal Rule of Civil Procedure 12(b)(6). Plaintiff maintains that the Act's three-year statute of…
Date: April 26, 2021
Docket Number: 19-4310
Justia Opinion Summary: The Second Circuit affirmed the district court's order dismissing plaintiff's claims against CLA and its principal for lack of Article III standing. Plaintiff and two other non-appealing plaintiffs filed a class action…
Date: April 22, 2021
Docket Number: 17-3494
Justia Opinion Summary: The Second Circuit denied a petition for review of the BIA's decision dismissing petitioner's appeal from the IJ's order removing him on the ground that he had been convicted of an aggravated felony crime of violence.…
Date: April 22, 2021
Docket Numbers: 17-3515, 17-3516, 18-619, 18-625
Justia Opinion Summary: Defendants McCoy and Nix appealed their convictions for charges related to their involvement in a series of home invasions in the Rochester, New York area in September and October 2014. In this case, defendants and…
Date: April 12, 2021
Docket Number: 20-1651
Justia Opinion Summary: Defendant appealed the district court's order granting in part and denying in part her motions to dismiss and reconsider dismissal of plaintiff's claims under Bivens v. Six Unknown Named Agents of the Federal Bureau of…
Date: April 9, 2021
Docket Number: 20-689
Justia Opinion Summary: After Asset Acceptance received a default judgment against plaintiff in a debt collection action, Asset Acceptance began garnishing plaintiff's wages. Plaintiff then appeared in the action, eventually entering into a…
Date: April 7, 2021
Docket Number: 19-863
Justia Opinion Summary: The Second Circuit affirmed the district court's dismissal of the operative amended complaints in two actions seeking to hold defendant bank liable under the Antiterrorism Act of 1990 (ATA), for providing banking…
Date: April 6, 2021
Docket Number: 19-0325
Justia Opinion Summary: The Second Circuit affirmed the district court's amended judgment following defendant's conviction for one count of conspiracy to commit securities fraud in violation of 18 U.S.C. 371, one count of securities fraud in…
Date: April 1, 2021
Docket Number: 18-1392
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction for various crimes stemming from his role in two schemes to automatically subscribe consumers, without their knowledge or consent, to premium SMS text messaging…
Date: April 1, 2021
Docket Number: 18-2188
Justia Opinion Summary: The City filed suit against five multinational oil companies under New York tort law seeking to recover damages for the harms caused by global warming. In this case, the City asserts that its taxpayers should not have to…
Date: March 31, 2021
Docket Number: 19-897
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction of two counts of carjacking resulting in death, multiple counts of substantive and conspiratorial Hobbs Act robbery, and related firearms offenses. The court concluded…
Date: March 29, 2021
Docket Number: 20-14
Justia Opinion Summary: The Second Circuit vacated the district court's grant of summary judgment to defendants in an action brought by plaintiff, alleging excessive force under 42 U.S.C. 1983, as well as state law assault and battery claims.…
Date: March 26, 2021
Docket Number: 19-2420
Justia Opinion Summary: The Second Circuit reversed the district court's grant of summary judgment to the Foundation on its complaint for a declaratory judgment of fair use and the district court's dismissal of defendant's counterclaim for…
Date: March 26, 2021
Docket Number: 19-2726
Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983, alleging false arrest, malicious prosecution, and the denial of his right to a fair trial. On appeal, plaintiff challenged the district court's grant of summary judgment to…
Date: March 26, 2021
Docket Number: 20-1078
Justia Opinion Summary: The Second Circuit held that defendant does not qualify for relief afforded by Section 401(a) of the First Step Act. Defendant was convicted in 2007 of conspiracy to distribute more than 50 grams of cocaine base in…
Date: March 25, 2021
Docket Number: 15-1823
Justia Opinion Summary: In this Fair Housing Act of 1968 case, plaintiff's claims stemmed from his neighbor's verbal attacks and attempted intimidation of plaintiff based on his race. The principal question presented to the en banc court is…
Date: March 24, 2021
Docket Number: 20-315
Justia Opinion Summary: The Second Circuit vacated the district court's grant of defendants' Rule 12(b)(6) motion to dismiss plaintiff's claim as time-barred. The court held that plaintiff's disability discrimination claim arises under the…
Date: March 23, 2021
Docket Number: 19-1610
Justia Opinion Summary: The Second Circuit denied a petition for review of the Commission's orders determining that the DEC had waived its authority under Section 401 of the Clean Water Act to issue or deny a water quality certification for a…
Date: March 22, 2021
Docket Number: 19-1486
Justia Opinion Summary: The Second Circuit affirmed defendant's conviction and sentence for asylum fraud in violation of 18 U.S.C. 1546(a), making false statements in violation of 18 U.S.C. 1001(a)(2) and (3), and aggravated identity theft in…
Date: March 22, 2021
Docket Number: 20-277
Justia Opinion Summary: The Second Circuit affirmed the district court's dismissal of plaintiffs' claims alleging violations of the Americans with Disabilities Act (ADA), the Rehabilitation Act, and the Due Process Clause of the Fourteenth…
Date: March 18, 2021
Docket Number: 19-1360
Justia Opinion Summary: Plaintiff filed suit against the City of New York, the New York City Police Department, and various officers and officials, after confrontations with the officers during Occupy Wall Street demonstrations in 2012.…
Date: March 17, 2021
Docket Number: 19-2719
Justia Opinion Summary: Article III is satisfied so long as a party with standing to prosecute the specific claim in question exists at the time the pleading is filed. If that party (the real party in interest) is not named in the complaint,…
Date: March 16, 2021
Docket Number: 15-1384
Justia Opinion Summary: The Second Circuit affirmed defendant's 20-year sentence imposed after he pleaded guilty to participating in the affairs of a criminal enterprise, specifically, the "MS-13" street gang, through a pattern of racketeering…
Date: March 16, 2021
Docket Number: 19-1031
Justia Opinion Summary: A court need not wait until it is defrauded before it may impose monetary sanctions on a party who knowingly prosecutes a frivolous claim in bad faith. That remains true even if the misbehaving litigant made only a…
Date: March 15, 2021
Docket Number: 20-1304
Justia Opinion Summary: The Second Circuit affirmed the district court's dismissal of plaintiff's complaint against the New York Times. Plaintiff alleged defamation based on the Times's print and online articles about gender bias, favoritism,…
Date: March 11, 2021
Docket Number: 19-2858
Justia Opinion Summary: Plaintiff, a prisoner serving a life sentence in Connecticut's Northern Correctional Institute, filed suit under 42 U.S.C. 1983, alleging that the conditions of his confinement violate his rights under Article I, Section…
Date: March 11, 2021
Docket Number: 19-3376
Justia Opinion Summary: Plaintiffs Cho and Ulug, individual named plaintiffs in a putative securities class action, appeal the district court's grant of judgment on the pleadings and dismissal of their claims against defendants. Plaintiffs…
Date: March 11, 2021
Docket Number: 20-616
Justia Opinion Summary: Plaintiff and Church United filed suit against Vimeo, alleging that the company discriminated against them by deleting Church United’s account from its online video hosting platform. Plaintiffs claimed that Vimeo…
Date: March 11, 2021
Docket Number: 20-757
Justia Opinion Summary: The Second Circuit affirmed the district court's order affirming the bankruptcy court's denial of debtor's request to discharge her educational loans pursuant to 11 U.S.C. 523(a)(8). On appeal, debtor argues that she was…
Date: March 10, 2021
Docket Number: 18-2454
Justia Opinion Summary: The Attorney General of the State of New York (OAG) appealed the district court's order denying it a preliminary injunction against defendants relating to their protest activities in violation of the federal Freedom of…
Date: March 9, 2021
Docket Number: 19-3138
Justia Opinion Summary: 8 U.S.C. 1151(f)(2) incorporates the age-reduction formula in 8 U.S.C. 1153(h)(1), which deducts processing time from the age of an F2A visa beneficiary. The Second Circuit affirmed the district court's judgment, holding…
Date: March 9, 2021
Docket Number: 19-3782
Justia Opinion Summary: Plaintiff filed a putative class action on behalf of himself and similarly-situated employees of Joe's Shanghai restaurant, alleging violations of the New York Labor Law (NYLL). The district court certified the class…
Date: March 9, 2021
Docket Number: 20-1141
Justia Opinion Summary: In 2018 plaintiffs, the former and current tenants of a privately owned affordable housing project, filed suit challenging the regulatory approval of rent increases a decade earlier by HUD and the New York HPD. The…
Date: March 9, 2021
Docket Number: 20-1212
Justia Opinion Summary: The Government seeks forfeiture of the Building, as well as other assets owned by claimants. The parties subsequently cross-appeal the district court's order determining that the Government had probable cause to forfeit…
Date: March 8, 2021
Docket Number: 19-2766
Justia Opinion Summary: Plaintiff, a retired "dual status technician" with the National Guard, argues that the civil service pension he received in connection with his employment as a dual status technician – a civilian position that requires…
Date: March 4, 2021
Docket Number: 17-2805
Justia Opinion Summary: The Second Circuit reversed the district court's order compelling arbitration of plaintiff's claims for breach of fiduciary duty under section 502(a)(2) of the Employee Retirement Income Security Act of 1974 (ERISA).…
Date: March 4, 2021
Docket Number: 18-855
Justia Opinion Summary: Defendant appealed the district court's amended judgment awarding costs to Chevron under Federal Rule of Civil Procedure 54(d), several interlocutory orders declining to dismiss civil contempt proceedings against him and…
Date: March 4, 2021
Docket Number: 20-1070
Justia Opinion Summary: The Second Circuit affirmed the district court's order denying defendants' motion for summary judgment based on qualified immunity on plaintiff's unlawful search and seizure claims. The court concluded that defendants…
Date: March 4, 2021
Docket Number: 20-2170
Justia Opinion Summary: In March 2020, Congress created the Paycheck Protection Program (PPP), which authorized the SBA to guarantee favorable loans to certain business affected by the COVID-19 pandemic. The SBA Administrator promulgated…
Date: March 3, 2021
Docket Number: 19-270
Justia Opinion Summary: The Individuals with Disabilities Education Act (IDEA) does not permit a school district to amend an individualized education program (IEP) unilaterally during the thirty-day resolution period. The Act envisions the…
Date: March 2, 2021
Docket Number: 18-163
Justia Opinion Summary: The United States appeals from the district court's amended judgment pursuant to 28 U.S.C. 2255, vacating defendant's 22-year sentence for Hobbs Act robbery and related firearms crimes and resentencing him to time…
Date: March 2, 2021
Docket Number: 20-3208
Justia Opinion Summary: The Second Circuit dismissed defendant's appeal of the district court's denial of his motion for compassionate release under 18 U.S.C. 3582(c)(1)(A) as moot. While this appeal was pending, defendant completed his federal…
Date: March 1, 2021
Docket Number: 17-2402
Justia Opinion Summary: The Second Circuit affirmed the district court's denial of petitioner's 28 U.S.C. 2255 motion, seeking vacatur of his 1998 conviction for possession of a firearm in furtherance of a crime of violence, in violation of 18…
Date: February 26, 2021
Docket Number: 17-2284
Justia Opinion Summary: The Second Circuit denied a petition for review of the BIA's decision denying petitioner's application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). Petitioner sought relief…
Date: February 23, 2021
Docket Number: 18-1994
Justia Opinion Summary: Defendant appealed his sentence of 210 months' imprisonment for obstruction of justice based on destruction of evidence. The Second Circuit concluded that the district court did not make the findings of fact required…
Date: February 23, 2021
Docket Number: 18-3421
Justia Opinion Summary: The Second Circuit affirmed Defendants Dean and Adam Skelos' convictions on multiple public corruption charges. Dean was a Republican senator from Nassau County, and was the Majority Leader of the New York State Senate.…
Date: February 23, 2021
Docket Number: 20-118
Justia Opinion Summary: The Second Circuit certified the following questions to the New York Court of Appeals: (1) whether a judgment debtor suffers cognizable damages in tort when its property is seized pursuant to a levy by service of…
Date: February 22, 2021
Docket Number: 19-4022
Justia Opinion Summary: The Second Circuit affirmed the district court's judgment confirming an arbitration award in favor of the State of New York. The court held that the arbitral panel – which did in fact consider the Indian Gaming…
Date: February 18, 2021
Docket Number: 19-2951
Justia Opinion Summary: The Second Circuit reversed the district court's grant of final judgment for Mixpac on its claims of unfair competition, infringement of common law trademarks, and its claims under the Trademark Act of 1946 (Lanham Act)…
Date: February 16, 2021
Docket Number: 20-1059
Justia Opinion Summary: The Second Circuit affirmed the district court's denial of defendant's motion for a sentence reduction pursuant to the First Step Act of 2018. Defendant was one of the leaders of a Norwalk, Connecticut-based organization…
Date: February 16, 2021
Docket Number: 20-1352
Justia Opinion Summary: Plaintiffs filed suit alleging that Synchrony Financial and others involved in a December 2017 promissory note offering are liable for materially misrepresenting the scope and degree of changes to the company's…
Date: February 12, 2021
Docket Number: 17-4058
Justia Opinion Summary: The Second Circuit denied a petition for review of the BIA's decision denying petitioner relief under the Convention Against Torture (CAT). Petitioner argues that he was tortured in Italy when he was subjected for more…
Date: February 10, 2021
Docket Number: 20-2312
Justia Opinion Summary: Plaintiffs filed suit against several laboratory testing companies, alleging that the companies violated federal and Connecticut law by submitting fraudulent or overstated claims for medical services purportedly provided…
Date: February 10, 2021
Docket Number: 20-3047
Justia Opinion Summary: The State of New York enacted new party-qualification requirements in the spring of 2020, requiring political organizations to earn the greater of 130,000 votes or 2 percent of the vote in elections for President and for…
Date: February 9, 2021
Docket Number: 19-235
Justia Opinion Summary: Plaintiffs filed suit alleging that defendants unlawfully used photographs of them to advertise strip clubs owned by defendants in violation of New York Civil Rights Law sections 50 and 51. The district court granted…
Date: February 9, 2021
Docket Number: 19-4184
Justia Opinion Summary: The Second Circuit affirmed the district court's order denying as untimely petitioner's motion for relief under 28 U.S.C. 2255. Petitioner contends that this circuit's recent decision in United States v. Townsend, 897…
Date: February 8, 2021
Docket Number: 20-1044
Justia Opinion Summary: The Second Circuit affirmed the district court's dismissal of GRE's second amended complaint (SAC) challenging the Reconciliation Requirement of Conn. Gen. Stat. 4-28m(a)(3), which imposes certain reporting requirements…
Date: February 5, 2021
Docket Number: 19-3248
Justia Opinion Summary: After NYLAG sought access to non-precedential "unpublished opinions" issued by the BIA in immigrant cases under the Freedom of Information Act (FOIA), the district court dismissed the case and concluded that FOIA's…
Date: February 4, 2021
Docket Number: 18-1263
Justia Opinion Summary: Plaintiff, a Connecticut inmate, filed suit under 42 U.S.C. 1983 against defendant and other Connecticut state officials, alleging deprivation of his Eighth Amendment rights. A jury found defendant liable for violating…
Date: February 1, 2021
Docket Number: 20-2744
Justia Opinion Summary: The Second Circuit affirmed the district court's order granting a preliminary injunction in favor of Hartford and enjoining defendants, who are administrators and clerks at the Connecticut Superior Court, from enforcing…
Date: January 27, 2021
Docket Numbers: 18-3074, 18-3489, 19-790
Justia Opinion Summary: Defendants Stillwell, Samia, and Hunter appealed their convictions for murder-for-hire and related crimes. Long after defendants filed their appeals, the NDDS filed a notice in the Second Circuit, advising the court that…
Date: January 27, 2021
Docket Number: 19-3251
Justia Opinion Summary: Plaintiff, a Connecticut prisoner, filed suit under 42 U.S.C. 1983, alleging that state correctional officials violated the Eighth Amendment's prohibition against cruel and unusual punishment by denying him a meaningful…
Date: January 27, 2021
Docket Number: 19-3841
Justia Opinion Summary: The Second Circuit affirmed the district court's judgment revoking defendant's supervised release and sentencing him principally to 24-months in prison. The court concluded that, even though the procedures used to obtain…
Date: January 26, 2021
Docket Number: 19-227
Justia Opinion Summary: After defendant was sued for medical malpractice in state court, he removed the case to federal court and moved to substitute the United States as defendant. Defendant claimed that the alleged malpractice occurred within…
Date: January 25, 2021
Docket Number: 20-1371
Justia Opinion Summary: The Second Circuit affirmed the district court's dismissal of Cavello Bay's claims of securities fraud for failure to plead a domestic application of the law. The court assumed without deciding that the transaction was…
Date: January 19, 2021
Docket Number: 16-4191
Justia Opinion Summary: Former inmate Kotler sued prison officials, claiming that they planted a weapon in his housing area in retaliation for his activities on an inmate grievance committee. He also alleged violations of his due process rights…
Date: January 15, 2021
Docket Number: 19-0783
Justia Opinion Summary: The Second Circuit affirmed defendants' convictions for wire fraud and conspiracy to commit wire fraud in violation of 18 U.S.C. 1343, 1349. Defendants' conviction stemmed from their involvement in a scheme to defraud…
Date: January 15, 2021
Docket Number: 20-1772
Justia Opinion Summary: The Second Circuit held that the district court abused its discretion by denying plaintiffs' motion for a preliminary injunction, holding that plaintiffs will likely succeed in showing that, as applied, the Dual…
Date: January 12, 2021
Docket Number: 19-3482
Justia Opinion Summary: Plaintiff filed suit against defendant, a New York State prison official, alleging that she violated his Eighth and Fourteenth Amendment rights by keeping him imprisoned based upon sentencing errors that incarcerated him…
Date: January 6, 2021
Docket Number: 19-969
Justia Opinion Summary: Canal appealed from the district court's judgment awarding $1.1 million in statutory damages to Omega for Canal's contributory infringement of Omega's trademarks. The infringement arose from sales of counterfeit Omega…
Date: January 6, 2021
Docket Number: 20-1668
Justia Opinion Summary: The Rockland County, New York school district is 65.7% white, 19.1% black, 10.7% Latino, and 3.3% Asian. In 2017-2018, 8,843 students attended public schools, while 29,279 students attended private schools, primarily…
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